The International Tribunal for the Law of the Sea: Procedures, Practices, and Asian States

Abstract

Although most international disputes are resolved through political means, particularly bilateral negotiation and consultation, international adjudication and arbitration are indispensable as an important component of dispute settlement. While there are various institutions that can serve as a venue to solve law of the sea disputes, the International Tribunal for the Law of the Sea (ITLOS) is the specialized judicial organ designed specifically to handle such disputes. This article is limited mainly to the procedure and practices of the ITLOS, though some comparisons will be made between it and other judicial institutions. In addition, East Asian states’ attitudes toward and practices in judicial dispute settlement will be examined based on a number of recent cases submitted to the ITLOS.